Bill Text: NY S01738 | 2021-2022 | General Assembly | Amended


Bill Title: Expands the water resources planning council; directs such council to fulfill certain duties; requires reports from the council.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2022-05-06 - PRINT NUMBER 1738A [S01738 Detail]

Download: New_York-2021-S01738-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1738--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 14, 2021
                                       ___________

        Introduced by Sens. SKOUFIS, ADDABBO, BIAGGI, GAUGHRAN -- read twice and
          ordered  printed, and when printed to be committed to the Committee on
          Environmental Conservation -- recommitted to the Committee on Environ-
          mental Conservation in accordance  with  Senate  Rule  6,  sec.  8  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT to amend the environmental conservation law, in relation  to  the
          water resources planning council

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 15-2901 of the environmental conservation  law,  as
     2  amended  by  chapter  83  of  the  laws  of  1995, is amended to read as
     3  follows:
     4  § 15-2901. Water resources planning council; organization.
     5    There is hereby established within  the  department  of  environmental
     6  conservation  a  water  resources  planning council. It shall consist of
     7  [fifteen]  seventeen voting members[, including]  and  eight  non-voting
     8  members. 1. Voting members shall include the chair, the commissioners of
     9  agriculture  and  markets, economic development, environmental conserva-
    10  tion, health, transportation, human rights,  the  chair  of  the  public
    11  service  commission, president of the New York state energy research and
    12  development authority, secretary  of  state  and  seven  members  to  be
    13  appointed  by  the  governor including at least [one member] two members
    14  who shall have expertise in the  science  of  water  resources  planning
    15  [and],  at  least  two members who shall have expertise in environmental
    16  science and/or engineering and one member [selected from a list proposed
    17  by public interest or environmental citizens  organizations]  who  shall
    18  have  expertise  in environmental justice. These seven members appointed
    19  by the governor shall serve terms of [four] five years each. Two of  the
    20  members  appointed by the governor shall be appointed upon the recommen-
    21  dation of the majority leader of the  senate  and  two  of  the  members

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01377-03-2

        S. 1738--A                          2

     1  appointed  by the governor shall be appointed upon the recommendation of
     2  the speaker of the assembly. [The governor shall  select  a  chair  from
     3  among  the  members.]  2. Non-voting members shall represent each of the
     4  following  regions: (a) New York City; (b) Long Island; (c) Lower Hudson
     5  Valley; (d) Capitol Region; (e) Upper  Hudson  and  St.  Lawrence  River
     6  Watershed; (f) Central New York; (g) Southern Tier River basins; and (h)
     7  Great Lakes Regional Watersheds. Meetings of the council shall be called
     8  by the chair. Members shall receive reimbursement for expenses only.
     9    § 2. Section 15-2903 of the environmental conservation law, as amended
    10  by chapter 307 of the laws of 1986, is amended to read as follows:
    11  § 15-2903. Water resources planning council; quorum, bylaws.
    12    A  majority  of  the  voting members of the council shall constitute a
    13  quorum for the transaction of any business or the exercise of any  power
    14  of the council. The commissioners of agriculture and markets, [commerce]
    15  economic development, energy, environmental conservation, health, trans-
    16  portation,  human  rights,  the  [chairman]  chair of the public service
    17  commission and secretary of state may, by official  authority  filed  in
    18  their  respective  agencies, and with the water resources planning coun-
    19  cil, designate a deputy or other officer to exercise his or  her  powers
    20  and perform his or her duties, including the right to vote, on the coun-
    21  cil. The council may also establish for itself bylaws for the conduct of
    22  its affairs.
    23    §  3.  The  environmental  conservation law is amended by adding a new
    24  section 15-2904 to read as follows:
    25  § 15-2904. Water resources planning council; duties and purpose.
    26    1. The council shall make recommendations regarding the management and
    27  oversight of the water resources of  the  state  including  facilitating
    28  cooperative and sustainable management of water resources to ensure that
    29  all  residents  have access to adequate, affordable, safe drinking water
    30  in perpetuity.   The council shall also  make  recommendations  to  help
    31  ensure the fair and equitable distribution of public water resources and
    32  shall  help  ensure  that  every  agency considers environmental justice
    33  standards in its water-related decision making process and actions.  The
    34  council  shall  create interstate partnerships for sharing resources and
    35  best practices for water management.
    36    2. The council shall review and examine all state and federal laws and
    37  regulations concerning the management, use, protection, conservation and
    38  provision of water which may affect the state.  The  council  may  issue
    39  comments  on  any  proposed state and federal legislation or regulations
    40  affecting water. The council shall review and may issue comments on  any
    41  recommendations of the drinking water quality council established pursu-
    42  ant  to  section  eleven  hundred thirteen of the public health law. The
    43  council shall review the list of contaminants which are tested in waters
    44  of the state, including in remedial programs, and may  make  recommenda-
    45  tions to the department of environmental conservation, the department of
    46  health, or the United States environmental protection agency.
    47    §  4.  Section 15-2905 of the environmental conservation law, as added
    48  by chapter 509 of the laws of 1984, is amended to read as follows:
    49  § 15-2905. Statewide inventory of existing significant  deficiencies  in
    50               water supply systems.
    51    The  commissioner, in consultation with the commissioner of health and
    52  the chair, utilizing information requested from  the  responsible  local
    53  officials as well as relevant information developed through titles elev-
    54  en and thirteen of this article, shall cause to be prepared an inventory
    55  of  existing  significant  deficiencies  in  water  supply  availability
    56  throughout the state, including specific needs for improvement, rehabil-

        S. 1738--A                          3

     1  itation and establishment of water supply, distribution and transmission
     2  facilities. Such  inventory  shall  also  identify  those  water  supply
     3  systems  affected  or threatened by intrusions of hazardous materials or
     4  wastes  and  the nature of remediation required. Such inventory shall be
     5  completed and transmitted to the governor, legislature and  the  council
     6  by July first, [nineteen hundred eighty-five] two thousand twenty-four.
     7    The  commissioner  in  consultation with the secretary of state[,] and
     8  the chair, shall also cause to be  prepared  a  review  and  summary  of
     9  existing   statutory  and  constitutional  provisions  relating  to  the
    10  provision and financing of water supply facilities by local governments,
    11  including such provision and financing through inter-local  cooperation.
    12  Such  review  and summary shall also identify any existing statutory and
    13  constitutional constraints against the effective and efficient provision
    14  of sound financing, on a revenue or general obligation  basis,  of  such
    15  facilities.  Such  review and summary shall be completed and transmitted
    16  to the governor, legislature and the council by January first, [nineteen
    17  hundred eighty-six] two thousand twenty-four.   At such time  and  based
    18  upon  the  above  inventory and review and summary, the commissioner, in
    19  consultation with the chair, shall also cause to be prepared a  compila-
    20  tion  of  those  instances  in  which correction of existing significant
    21  deficiencies appears to be beyond the reasonable financial  capabilities
    22  of the affected communities.
    23    § 5. Section 15-2907 of the environmental conservation law, as amended
    24  by chapter 214 of the laws of 1991, is amended to read as follows:
    25  § 15-2907. Water resources management strategy; development purpose.
    26    Not  later  than  January  first,  [nineteen hundred eighty-seven] two
    27  thousand twenty-five, and every five years thereafter, the department of
    28  environmental conservation, with the participation of the department  of
    29  health and whenever possible, [regional planning and development boards]
    30  non-voting  regional  members,  shall  develop  and  submit a [complete]
    31  comprehensive statewide water resources management strategy to the water
    32  resources planning council for its review and adoption following  public
    33  hearings.  [This]  The  water  resources  management  strategy  shall be
    34  composed of substate water resources management strategies which  recog-
    35  nize  the  natural  boundaries of the water resource basins, watersheds,
    36  and aquifers and existing significant deficiencies of water supply,  and
    37  which  organize  these in the most practical and manageable manner. Each
    38  substate management strategy shall analyze the present and future  demo-
    39  graphic,  natural  resource,  economic  development,  water quality, and
    40  conservation requirements of public and private water systems and devel-
    41  op regional management strategies to meet the water  resources  require-
    42  ments  of  residential, agricultural, industrial and commercial users as
    43  well as assure the  highest  possible  quality  and  quantity  of  these
    44  resources.
    45    Strategies shall analyze the efficiency and capacity of existing water
    46  supply  sources  and  facilities  and  shall contain recommendations for
    47  appropriate modifications, restoration, and expansion or development  of
    48  new  sources  or  facilities.  Such strategies shall also include evalu-
    49  ations and recommendations as to the feasibility of including or  remov-
    50  ing  hydroelectric energy generation facilities as part of the modifica-
    51  tions, restoration, and expansion or  development  of  new  or  existing
    52  resources  or  facilities  and/or  returning rivers and streams to their
    53  natural flow. The strategy shall also contain recommendations  regarding
    54  implementation  of  these  strategies  by  the department of health, the
    55  department of environmental conservation, other appropriate state  agen-
    56  cies,  local  governments  and special districts. Where appropriate, the

        S. 1738--A                          4

     1  strategy shall include review and assessment  of  all  interstate  water
     2  management  agreements  or  agreements with municipalities. In addition,
     3  the departments shall submit to the  council  substate  water  resources
     4  management  strategies  as  soon  as  such strategies are developed. The
     5  departments shall also report regularly to the council on  the  develop-
     6  ment  of  the  strategies  and receive the council's recommendations and
     7  directions. [Such substate] The  statewide  water  resources  management
     8  strategy  shall be made available to the public on the council's website
     9  and submitted to the legislature  within  two  weeks  of  its  adoption.
    10  Substate  strategies  shall  also be available [for public inspection as
    11  soon as] to the public on each department's and  the  council's  website
    12  within two weeks of the submission of such strategies [are developed] to
    13  the council.
    14    §  6.  Section 15-2909 of the environmental conservation law, as added
    15  by chapter 509 of the laws of 1984, is amended to read as follows:
    16  § 15-2909. Water resources management strategy; hearings.
    17    Upon [receipt] adoption of the comprehensive statewide water resources
    18  management strategy [from the department of environmental  conservation]
    19  by  the  water  resources  planning  council, the council shall promptly
    20  publish once a week for three consecutive weeks in newspapers of general
    21  circulation and post on the department's website notice of public  hear-
    22  ings  thereon.  Public  hearings  shall  be  conducted  in  each  of the
    23  [substate areas] regions represented [in the statewide  strategy]  by  a
    24  non-voting  member of the council, and shall be in accordance with regu-
    25  lations adopted by the department, subject to modification by the  coun-
    26  cil.  Such  regulations  shall,  at  a minimum, require a hearing on the
    27  record with sworn  witnesses  and  shall  afford  interested  parties  a
    28  reasonable  opportunity  to  sponsor witnesses and to question witnesses
    29  sponsored by others, including department  staff,  consistent  with  the
    30  need  to  conclude  the  hearings  expeditiously  so  that a state water
    31  resources management strategy can be adopted in  a  timely  manner.  The
    32  hearings  shall not be considered part of an adjudicatory proceeding, as
    33  defined in subdivision three of section one hundred  two  of  the  state
    34  administrative  procedure  act,  or  as part of a rule-making proceeding
    35  held under subdivision one of section two hundred two of such act.
    36    § 7. Section 15-2911 of the environmental conservation law,  as  added
    37  by chapter 509 of the laws of 1984, is amended to read as follows:
    38  § 15-2911. Water resources management strategy; approval.
    39    The  water resources planning council shall, as expeditiously as prac-
    40  ticable following the conclusion of its hearings, but in no  case  later
    41  than  January  first, [nineteen hundred eighty-eight] two thousand twen-
    42  ty-five, determine, based on the record, including public  comments  and
    43  hearing  testimony,  whether  the  statewide  water resources management
    44  strategy should be approved with modifications or disapproved, and shall
    45  state in writing the reasons for its determination. If the  council  has
    46  determined  approval of the strategy, it shall be adopted by the depart-
    47  ments of health and environmental  conservation  and  other  appropriate
    48  state agencies in the form determined by the council. If the council has
    49  determined  disapproval of the strategy, the department of environmental
    50  conservation, in conjunction with the department of health, shall modify
    51  the strategy in accordance with the determination issued by the  council
    52  and resubmit the strategy to the council for its action.
    53    §  8.  Section 15-2913 of the environmental conservation law, as added
    54  by chapter 509 of the laws of 1984, is amended to read as follows:
    55  § 15-2913. Water resources management strategy; revision.

        S. 1738--A                          5

     1    From time to time and at least  once  every  [two  years]  year,  [the
     2  department  of environmental conservation, with the participation of the
     3  department of health] the water resources planning council, with partic-
     4  ipation of all voting members and whenever possible, [regional  planning
     5  and  development  boards]  non-voting regional members, shall review the
     6  strategy and shall either (a) [prepare any] recommend amendments  neces-
     7  sary to update the strategy, or (b) issue a determination that no amend-
     8  ments  are  necessary  and the reasons supporting the determination. Any
     9  interested person may seek such a review upon written application to the
    10  department of environmental conservation for an amendment to the  state-
    11  wide  water  resources management strategy. [Any statement issued by the
    12  departments that no amendments are necessary shall be submitted  to  the
    13  council  for approval, modification or disapproval.] Amendments shall be
    14  adopted in the same manner as the strategy itself. Every five  years,  a
    15  new  comprehensive  statewide  resources  management  strategy  shall be
    16  developed and adopted by the water resources  planning  council  as  set
    17  forth herein.
    18    §  9.  The  environmental  conservation law is amended by adding a new
    19  section 15-2915 to read as follows:
    20  § 15-2915. Report to legislature and governor.
    21    The water resources planning council shall annually submit a report to
    22  the governor and the legislature on the status and quality of the  water
    23  resources of the state.
    24    §  10.  This act shall take effect on the ninetieth day after it shall
    25  have become a law.    Effective  immediately,  the  addition,  amendment
    26  and/or repeal of any rule or regulation necessary for the implementation
    27  of  this  act  on  its  effective  date  are  authorized  to be made and
    28  completed on or before such effective date.
feedback